Third-Party Content: Third-Party Content is defined as any data, regardless of nature (whether information, message, image, video, audio, file, sign, text, signal, program, software, code, or any other element) which is emitted by a third party not using the Website and/or Service, and which is directly or indirectly received through the Service by a User.

Uploading User: An Uploading User is a User who, through the use of the Website and/or Service, sends User Content to a recipient, who can be either a Receiving User or a third party.

User: A User is defined as any individual, whether acting on its own account or on the behalf of any organization, who accesses and/or activates the functionnalities made available through the Website and/or Service. When accessing and/or activating said functionalities on the behalf of an organization, said organization is also considered to be a User, and, as such, is fully subject to the present Terms of use.

User Content: User Content is defined as any data, regardless of nature (whether information, message, image, video, audio, file, sign, text, signal, program, software, code, or any other element) which is directly or indirectly emitted by an Uploading User, and/or uploaded to the MailInCloud platform through the use of the Website and/or Service, notably for transmission to another recipient, display to third parties or for download by one or more Receiving Users or third parties.

Receiving User: A Receiving User is a User who, through the use of the Service, emits, transmits or downloads User Content or Third-Party Content. A Receiving User can simultaneously be an Uploading User.

Service: The Service is the MailInCloud messenging service (also designated as the MailInCloud platform) based on OBM software, including the file upload and download service based on LinShare. The Service is available at https://go.mailincloud.com.

Enforceability

By accessing and/or activating the functionalities of the Website and/or the Service, Users are signifying their understanding as well as their irrevocable and complete acceptance of the Terms of use applicable at the time of such Website and/or Service use.

The following Terms of use are applicable to any and all access and activation of the functionalities of the Website and/or Service by Users, and constitute the entirety of the agreement between Users and LINAGORA.

Applicable free and open source licenses notwithstanding, no other contractual terms, regardless of origin or nature, are applicable to the accessing and/or activating of the Website and/or Service by Users.

The fact for LINAGORA not to pursue enforceability of a particular provision of the present Terms of use can not be construed as a waiver of said provision.

The present Terms of use may be amended or changed at any time at LINAGORA's discretion and without any prior notice.

Availability, access and performance

The Website and Service are publicly made available to Users by LINAGORA. Their functionalities, availability and conditions of access may change at any time without notice. LINAGORA reserves the right to suspend or terminate the Website and the Service, whether for one or for all Users.

LINAGORA makes no commitment whatsoever to keep the Website and/or the Service publicly available to Users, and makes no commitment regarding the stability or the performance of the Website and/or the Services.

LINAGORA disclaims any and all commitments regarding continuity, performance, stability, compatibility, quality of use of the Website and/or Service. As such, LINAGORA may not be held liable for:

network or load perturbations or failures affecting continuity, performance, stability, compatibility, or quality of use of the Website and/or Service;

technical infrastructure failures;

delays in restoring the Website and/or Service after a perturbation or failure;

temporary or permanent unavailability of User Content, regardless of reason for such unavailability;

temporary or permanent disruption of the Website or Service.

User commitments

User Content is not controlled nor monitored in any manner by LINAGORA. LINAGORA only provides the technical infrastructure for allowing Users to use the Website and/or Service, including storing User data & User Content, receiving Third-Party Content, transmitting messages & attachments, and making User Content available to Receiving Users and third-party recipients.

Any Uploading User is fully and completely liable for the User Content he uploads, emits or transmits using the MailInCloud platform.

Uploading Users understand and accept that LINAGORA disclaims all liability for any User Content that they upload, emit or transmit.

Receiving Users understand and accept that LINAGORA disclaims all liability for any User Content or Third Party Content they download or display from the MailInCloud Service, including Content received following upload requests.

Uploading Users agree to indemnify, defend and hold harmless LINAGORA, its authorized representatives, and its employees from and against any liability, loss, injury (including injuries resulting in death), demand, action, cost, expense, lawyer fee, or claim of any kind, including but not limited to intellectual property infringement, relating in any way to said User Content.

Users warrant that their use of the Service (and notably Content which they upload, share or request for upload through the use of the Service):

complies with the present Terms of use;

complies with any and all enforceable laws, rules, and regulations - including without limitation data privacy Laws - in the country from where the Content is being broadcast as well as the countries where said Content is being received;

can not directly or indirectly be considered to be a harmful, deviant, abusive, illicit, unlawful activity nor an activity prohibited by Law, rules, or regulations, whether national or international;

is not designed nor does include any software designed to directly or indirectly disrupt or alter computer systems on which it is downloaded and/or deployed;

can not be in any manner defined as unsolicited messenging, also known as spamming (including through abuse of upload requests or sharing forms);

can not directly or indirectly be considered as:

promoting, encouraging, or eulogizing the commission of crimes or offenses, and particularly crimes against humanity;

constituting, promoting or encouraging acts of war, terrorism, violence, suicide, production or use or consumption or distribution of illicit substances, racial hatred, racist, xenophobic, or negationist messages or behavior, pedopornography either directly or by the trivialization of such acts;

constituting insults, slander, violation or injury to the right of personal privacy, image, honor and/or reputation, or to the rights of LINAGORA or any third party;

constituting, promoting or encouraging hostile hacking, intrusion, alteration, maintenance of an unauthorized connection, against a computer or data treatment system belonging to LINAGORA or any third party;

incurring an infringement of LINAGORA intellectual property rights (notably trademarks, logos, graphical identity) or the intellectual property rights of a third party.

Any such use of the Service that LINAGORA is made aware of may lead the User to be banned from using the Service, and will be reported, along with any and all data available to LINAGORA, to the proper authorities, for prosecution to the full extent of the Law.

Please alert LINAGORA of any such abuse that you may come across by sending an email to abuse@mailincloud.com.

Website and Service contents

LINAGORA has not reviewed all sites linked to the Website, is not liable for the contents of any such linked site and does not endorse any said linked site. Use of any such linked web site is at the User's own risk.

Any and all other data, information, materials (including, without limitation, HTML, text, audio, video, white papers, press releases, data sheets, product descriptions, software and FAQs and other content) available on or from the Website may, except as otherwise provided, be the copyrighted works of LINAGORA or subject licenses and specifically to free and open source licenses.

Except as expressly permitted, either in the present Terms of use or in the specific licenses governing particular materials available from the Website, any use of the Website content may violate copyright and/or other applicable laws. Any such violation, as well as any infringement of the aforementioned specific licenses, will be prosecuted by LINAGORA to the full extent of the law.

LINAGORA makes no claim of any kind whatsoever regarding User Content, which it does not review before its upload by an Uploading User, during its storage on the MailInCloud platform, nor before, during or after its transmission to intended recipients.

Trademarks

The MailInCloud logo, LinShare, the LinShare logo, Hubl.in, the Hubl.in logo, OpenPaaS and LINAGORA are registered trademarks owned by LINAGORA. Any unauthorized use of these trademarks for promoting any goods or services not affiliated with LINAGORA is strictly prohibited, and will lead to prosecution.

Liability exclusion

LINAGORA makes no warranty of any kind, not can be held liable, regarding the Third Party Content or User Content that may be displayed or downloaded by a User. Such content is not filtered nor moderated by LINAGORA in any manner, who cannot be liable for any loss or damage suffered by a User or any third party resulting from said Content. Users must be aware that any content received from another User or from a third-party through the use of the Service might there be harmful or illicit pursuant to the rules & regulations of their country of origin, through no fault of LINAGORA, which may not even be aware of said Content. Users are advised to exert discretion.

Disclaimer of warranties & limitation of liability

THE WEBSITE, ITS CONTENTS AND THE SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LINAGORA MAKES NO WARRANTY THAT THE WEBSITE, ITS CONTENTS OR THE SERVICES ARE COMPLETE, ACCURATE OR SUITABLE TO A SPECIFIC PURPOSE. LINAGORA DISCLAIMS ANY AND ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED WITH REGARD TO THE WEBSITE, ITS CONTENT, THE SERVICE AND AVAILABILITY THEREOF INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFIRNGEMENT.

ANY RISK RELATED TO THE USE OF THE WEBSITE, ITS CONTENTS OR THE SERVICE RESTS ENTIRELY WITH THE USER AND LINAGORA MAKES NO REPRESENTATION OR WARRANTY OF UNINTERRUPTED AVAILABILITY OF THE WEBSITE AND/OR THE SERVICES, NOR THAT THE WEBSITE, ITS CONTENTS OR THE SERVICE ARE ERROR-FREE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LINAGORA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR CONNECTED TO THE USAGE OR INABILITY OF USAGE OF THE WEBSITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF LINAGORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE.

Governing law

The Terms of use of the Website and the Service are governed by French law. Any arising dispute relating to the use of the Website and the Service will be submitted to the exclusive jurisdiction of the Nanterre, France Courts of law.